This determination does not directly relate to neighboring buildings but it does relate to the fact that coops must be very careful regarding conditions that make noise (etc) that may violate warrent of habitability/ quiet right to enjoyment:
March 2007: Excessive Noise from Ventilation System Violated Cooperative's Warranty of Habitability
Any lease of residential real property, including a cooperative proprietary lease, is deemed to contain a warranty of habitability. This warranty, codified in Real Property Law § 235-b, provides that the landlord or lessor is deemed to have warranted that the premises are fit for human habitation and the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous or hazardous to their life, health, or safety.
In Misra v. Yesid, 2007 N.Y. Slip Op. 1371, 2007 WL 474018 (1st Dep't Feb. 15, 2007), the Appellate Division upheld a trial court decision holding that a Cooperative had breached the warranty of habitability based upon excessive noise from the Cooperative's ventilation system, which was located directly above the plaintiff's unit. The plaintiff claimed that her apartment was uninhabitable for more than two years because the ventilation system was so loud that she was unable to live in peace and quiet. Plaintiff contended that despite being on notice of the problem, the Cooperative failed to take any effective remedial action. In support of her claim, plaintiff produced reports from the Cooperative's own engineer, indicating that the level of noise and vibrations exceeded those permitted by the New York City Administrative Code. The Court accepted plaintiff's contentions and rejected the Cooperative's argument that the plaintiff had not suffered any damages because she had been traveling and was away from the apartment for some or all of the time period in question. The court ordered a hearing to determine the amount of plaintiff's damages, which could include, but were not limited to, the amounts she paid in maintenance charges during the period in which the apartment was uninhabitable. However, the Court dismissed plaintiff's claim for breach of the warranty of habitability insofar as it was asserted against the Cooperative's management company, because only the landlord or lessor owes obligations under the warranty of habitability.
The Appellate Division also affirmed the trial court's ruling that plaintiff's could pursue a claim of fraud against the person who sold her the unit and the seller's real estate broker. There were issues of fact as to whether the broker had actively concealed the noise problem by reducing the fan speed of the ventilation system when plaintiff came to visit the apartment before acquiring it.
Has anybody ever had this brand of windows, Gamco, installed in their co-ops as replacements? Are they good? We have gotten several quotes from vendors to replace some windows in building and the range was from 3-4K for each unit (two windows per unit). Our managing agent sent Action Glass to bid as well and they came in at $898 per unit. Quite a difference so we'd appreciate any info or feedback from BT members who may have used them or gotten Gamco windows.
Thanks as always,
We'd like to use them as our representative of choice and are interested in your experiences (good, bad, or neutral).
Our no-dog condo was compelled by law to accept a new unit owner with a dog, because she claims it is a 'certified service animal'. She is hard of hearing (not totally deaf) and supposedly the dog assists her in certain daily activities. The dog does wear a little "Service Animal" vest when it's outside the unit. I was told that, supposedly, a service dog to the deaf alerts its owner by pawing him/her when there are phones ringing or doorbells.....but not by barking, because what good would that do if she was deaf, right? WRONG. The dog barks incessantly at every little sound. Every opening and closing of the elevator, every footstep outside her door, every jingling of someone's keys. It also rushes people in the hallways, barking on top of its lungs. It is a tiny thing, so no one is frightened of it, just annoyed. (If it were a Rottweiler with that personality I'm sure it would have been put down already.) My question is this: due to the anti-discrim laws on the books preventing us from not accepting a "service animal", we are held hostage by this woman with her poorly trained, uncontrolled mutt. What part does she have to hold up in this bargain? Does anyone know if the service animal OWNER is compelled to train their animal properly, or make sure it does not affect the quality of life of all its neighbors? All of the seeing eye dogs I've ever known never make a peep. This thing barks non-stop, and I'm wondering if it was ever trained at all...our board is starting to think we've been 'had'....any thoughts would be much appreciated.
We have one dog left from before our "no dogs" policy. It's 14 and urinates or leaks dark fluid all over the bldg. The super cleans up puddles but he's PT and when he's not here they soak into rugs or stay on floors for hours. Our lobby video isn't sharp enough to see the dog wet. Last week, we had elevator work and everyone had to use the stairs. A big puddle was found and luckily no one slipped on it and fell down the stairs. Someone could have been badly hurt.
We have no fine for things like this since we have no other dogs. We can't prove it's the dog but it has to be and it's happening almost every day. We asked the owner to put a cover on the dog when he goes in or out of the bldg or get something from a vet but he refuses and totally ignores us. The poor dog is old with problems and the owner says he's keeping the dog "to the end" no matter what.
Many residents are complaining about the wet spots and the odor especially in the elevator. What can we do?
If anonymous posts are subject to deletion (your words). How come on the subject of " who can attend attend the annual shareholders meeting" Anon replys to Anon. Now I am not complaining but as an avid viewer of your page/web site it is almost impossible to offer advise as with all the anons I am not sure if anon is one person or a second. Many others that have had the same issue. Follow me?
Fat Nickie (only one of me)
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